Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
IBC - Highlights / Catch Notes

Home Highlights July 2024 Year 2024 This

Appellant's challenge to Liquidator's forfeiture of Rs.96 lakh ...


EMD forfeiture upheld for non-payment after e-auction; bidder breached terms despite reminders. Sale certificate subject to tribunal orders.

July 18, 2024

Case Laws     Insolvency and Bankruptcy     AT

Appellant's challenge to Liquidator's forfeiture of Rs.96 lakh EMD for non-payment of balance amount within stipulated timeline after e-auction of assets was dismissed. E-auction process document clearly allowed forfeiture if successful bidder failed to make complete payment within 90 days. Appellant breached terms by non-payment despite Liquidator's reminders. Issuance of sale certificate was subject to NCLT/NCLAT orders, and delay wasn't Liquidator's deficiency. Appellant wasn't entitled to EMD refund or compensation as claimed. Adjudicating Authority's order upholding Liquidator's actions was upheld.

View Source

 


 

You may also like:

  1. The HC partially allowed the appeal against the cancellation of property sale through e-auction initiated by SEBI. While upholding the cancellation due to non-payment of...

  2. IBBI has mandated that all Insolvency Professionals must exclusively use the Baanknet auction platform (formerly eBKray) for conducting liquidation asset sales where...

  3. Foreign currency borrowings by successful bidders of 2G spectrum re-auction - special arrangements - Notification

  4. Developer directed to refund apartment booking amount exceeding 10% of Basic Sale Price (BSP) without interest to purchaser following cancellation. SC upheld NCDRC's...

  5. Levy of Maintenance Security Deposit in respect of the property which was e-Auctioned by the Liquidator - Section 61(1) of the Insolvency and Bankruptcy Code, 2016 -...

  6. IBBI amended the Liquidation Process Regulations introducing new filing requirements and auction procedures. The amendments mandate liquidators to file four new Forms...

  7. In a High Court case involving an auction sale in Corporate Insolvency Resolution Process (CIRP) u/s IBC, the issue was the refund of bid amount by the successful bidder....

  8. Seeking impleadment of Successful Auction Purchaser/Appellant as one of the Respondents - The NCLAT found that non-impleadment of the successful auction purchaser was...

  9. The assessee failed to repay a loan to M/s. Mahindra & Mahindra Financial Services Pvt. Ltd., leading to the auctioning of a car during the assessment year. The...

  10. Declared Service or not - appellant had collected an amount towards compensation/penalty from the buyers of coal on the short lifted/un-lifted quantity of coal;...

  11. The dispute revolves around the non-payment of outstanding dues by the Corporate Debtor to the Appellant, pursuant to an agreement for providing e-Auction solutions. The...

  12. Auction - company declared as a sick company - HC has set aside the auction - The purpose of auction (open or close format) is to get the most remunerative price and...

  13. Rejection of prayer of Operational Creditor to initiate the CIRP against the Corporate Debtor - The Appellate tribunal (NCLAT) found no breach of the contract terms by...

  14. Levy of Anti-Dumping Duty - scope of domestic industry - non-injurious price - determination in terms of Indian Rupees (INR) - If due to the change in exchange rate,...

  15. SC held that the respondent was aware of auction sale notice and participated in auction process. Despite no proof of notice service, respondent knew of auction....

 

Quick Updates:Latest Updates